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LOSINNO v. HENDERSON

76 Civ. 3063.

420 F.Supp. 380 (1976)

John LOSINNO, Petitioner, v. Robert HENDERSON, Superintendent, Auburn Correctional Facility, Auburn, New York, Respondent.

United States District Court, S. D. New York.

September 27, 1976.

Attorney(s) appearing for the Case

Finkelstein, Mauriello, Kaplan & Levine, P. C., Newburgh, N. Y., for petitioner; Howard Karger, Newburgh, N. Y., of counsel.

Louis J. Lefkowitz, Atty. Gen. of N. Y., New York City, for respondent; Joseph W. Henneberry, Asst. Atty. Gen., New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Petitioner, now serving an indeterminate sentence not to exceed four years at Auburn Correctional Facility, New York, seeks his release upon a federal writ of habeas corpus. His sentence was imposed pursuant to a judgment of conviction entered in the County Court of Orange, State of New York, upon his plea of guilty to promoting gambling in the first degree. He seeks to void the judgment of conviction on the grounds...

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